Common Causes of Commercial Vehicle Accidents
There are many different reasons a commercial driver may end up in an accident. Some of these include the following.
- Mediocre Maintenance – If the truck isn’t correctly maintained, something can go wrong while it’s on the road. A collision can result from any breakdowns experienced while the vehicle is being driven.
- Overloaded Cargo – product that is too heavy for the truck or that is not loaded correctly can lead to an accident. It’s possible for the truck to experience a breakdown due to a heavy load or to tip if the cargo is not balanced.
- Fatigue – Commercial drivers have limits on how much they can drive per day. If they’re forced to drive longer or attempt to drive more than what’s allowed to stay on schedule, they could fall asleep at the wheel or make mistakes because they’re fatigued.
- Negligence – Failing to pay attention to the road and their surroundings could lead a truck driver to cause an collision. They may end up hitting another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t detect them in time.
- Rushing – Rushing to get to the next location can lead to severe crashes because the driver is not paying attention like they should and making decisions like going through a yellow light to make a better time.
- Driving Under the Influence – commercial transport truck drivers who are under the influence of drugs or alcohol can end up causing an collision. This includes prescription medications that can cause sleepiness.
- Loss of Control – If the truck driver loses control due to a maintenance issue, environmental issues, or any other reason, it could lead to an accident.
What to Do After an Accident
Affected individuals of a truck accident will want to seek medical attention straight away. If emergency medical care is not needed, the victim should still see a medical practitioner as soon as possible, preferably within the next handful of days. The victim could have hidden injuries that are not apparent immediately after the crash, but that can cause long-term pain and suffering. If the victim does not see the medical doctor soon after the accident, it can also become more difficult to prove the injuries were experienced in the accident. The amount of time between the accident and the medical care could be seen as evidence that the injuries happened elsewhere, but the victim is trying to claim it as part of compensation for the accident to avoid having to pay those costs out of pocket. This isn't always the case, but it is what insurance companies will say to try to lessen their liability.
Who is Liable for the Accident?
Liability is a complicated topic for commercial vehicle accidents. The driver is not always going to be the accountable party. Instead, it could also be individuals involved in the servicing or use of the vehicle. A legal representative is often needed to decide who the liable party is for any commercial van accident.
- Manufacturer – If a imperfection in the vehicle leads to an accident, it may be possible to hold the manufacturer responsible for any injuries sustained. Defects can be in any part of the vehicle, from the engine to the tires.
- Mechanic – The repair shop who worked on the vehicle could be held accountable if they did not do a repair effectively or missed repairs that were needed to keep the vehicle in proper running condition.
- Employer – An employer who pushes the driver to fulfill unobtainable standards or to drive more than what’s allowed before a break may be liable for any injuries if a wreck occurs.
- Truck Owner – The vehicle may not be owned by the truck driver. If this is the case and the truck is not properly serviced, the owner may be the accountable party.
- Other Drivers – If the crash is caused by another driver, they would be at fault for the accident, even if it includes a commercial car or truck. If another motorist swerves in front of a truck and the truck simply cannot stop in time, it could end up in a multi-car accident. The driver who swerved would be accountable in that situation.
The Right Settlement to Accept
When affected individuals can obtain compensation for this type of accident, they’ll need to know what settlement to agree to. It is never a good idea to agree to the first settlement offer without assistance from a lawyer. Insurance companies want to reduce the amount they pay out, as they cannot be profitable if they always pay out the highest amount for every claim. So, the first settlement offer will be lower than what the victim may be entitled to for their injuries. If this settlement is taken, the victim cannot get more money from the responsible party later.
Instead of accepting the first settlement, victims can work with a lawyer to negotiate a larger amount. The higher amount will be more likely to include all accident-related expenses, such as medical bills, damaged products, lost wages, and more. It’s also likely the increased settlement offer will include non-quantifiable damages, such as loss of convenience of life if the victim suffered long-term injuries.
Avoid Common Errors After a Commercial Vehicle Accident
After a van accident, it is important to know what to do and what not to do. Refrain from all of the following if you’re in a commercial car or truck accident.
- Avoid acknowledging Fault – Many people will immediately apologize after an accident, even if the accident wasn’t their mistake. Avoid doing this and avoid saying anything to the insurance company involved that could be construed as an admission of fault. Doing so could mean being unable to obtain payment for the accident.
- Avoid Accepting a Lower Settlement – Make sure any settlement offer approved is going to be enough to cover the monetary aspects of the accident. Accepting a low settlement means any other expenditures will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s overwhelming to recover from an crash and go up against the insurance provider at the same time. This often leads to issues like accepting a low settlement. Instead, work with a legal representative and let them handle the insurance company.
- Avoid Waiting for Medical Care – As mentioned, it’s never a good idea to delay medical care. If emergency care isn’t required, see a doctor within the next couple days.
Is It A Good Idea to Hire a Lawyer?
The law doesn’t require victims to hire a legal representative, but it’s always a beneficial idea. Commercial truck accidents can be incredibly complex and it can be difficult to obtain damages without the right help. Plus, there isn’t a disadvantage to working with a lawyer. Commercial vehicle accident lawyers work on a contingency basis. This means victims don’t need to pay upfront for legal service providers and only pay the lawyer if the case is won. The sum of money needed to cover legal costs is included with other types of compensation requested in a settlement. So, the victim still receives the money needed to economically recover from the accident and the lawyer’s fees will be included.
If you’ve been in an crash involving a commercial car or truck, talk to a lawyer to learn more about the help available for your case. You may be owed much more compensation than you realize and a lawyer can help ensure that you get as much money as possible for the accident. They can also help deal with the legalities of obtaining compensation while you focus on healing. Contact us today to set up a meeting and learn more about your case.
FAQs About Commercial Truck Accidents
Commercial vehicle collisions can lead to serious injuries and damages, so working with a law firm is encouraged. Still, you may have some questions before the meeting. Read below to learn more about these situations and to learn more about what to expect when you have a consultation.
What is Considered a Commercial Vehicle?
Commercial vehicles are those employed to move people or goods from place to place. They can include semi-trucks, multipurpose vehicles, passenger vehicles, pickup trucks, buses, and more. If the vehicle can be employed to take someone to another area or to move merchandise from one place to another, it is considered a commercial car or truck, no matter how large or slight it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is totally different, so it’s hard to say how much a case is worth without looking at the information. Compensation can cover all expenditures relating to the accident, such as medical bills, property damages, and lost wages, as well as non-quantifiable or punitive damages. A law firm can review the case and let you know how much the claim may be worth.
Will I Receive Punitive Damages for the Accident?
Beyond coverage for accident-related bills, there are other types of compensation victims can receive, including punitive damages. These are typically provided in cases where the judge wants to deter the same thing from happening in the longer term. If someone took a shortcut, whether that’s pressuring drivers to drive a lot more per day or missing required maintenance on a truck, the victim may be awarded punitive damages as a penalty toward the liable party.
Who Do I Sue for Compensation?
The party sued for compensation is considered the liable party. It is important to get this right, as the claim can get thrown out if it’s against the incorrect party. Regrettably, determining liability for commercial vehicle incidents can be challenging. The liable party for a commercial truck accident can be the driver, their company, the truck owner, the manufacturer, or someone else involved with the vehicle.
Do I Need a Lawyer for a Commercial Vehicle Accident?
It is absolutely recommended for sufferers to have a lawyer for these instances due to their difficulty. On top of this, it’s better to have a lawyer tackle all of the legalities so you can focus on recovering from your injuries. They’ll help with each part of the case to enable you to get a larger settlement that will cover any expenses from the collision.
How Can I Afford a Lawyer?
Commercial vehicle crash lawyers work on a contingency basis, so you don’t pay unless they win the claim. If they do obtain a payment for you, the legal fees are included in the settlement, so it won’t cost you anything at all out of pocket. You can learn more about how this works at the consultation.
Do I Need to Recoup Before Seeking Compensation?
No, it is not required to fully recover from your injuries before filing a claim. There is a statute of limitations of two years for filing a legal claim, and you may still be recovering from severe injuries at this point. Instead, let a lawyer handle the claim while you recover. They can obtain up-to-date as well as potential medical bills to help with your recovery.
How Do I Prove Who Caused the Accident?
Determining liability can be complex and involves taking a close look into how the accident occurred. At first view, it may seem like the driver made a miscalculation. When the truck is scrutinized, however, it may show the vehicle driver tried to control the vehicle but was unable to avoid an accident due to a defect or other issue. Evidence for how the accident occurred can be used to show who is liable for this type of accident.
What Do I Need Before Talking to a Legal Representative?
Before talking to a lawyer, write down as much as possible about what occurred to cause the crash. Gather any medical bills that have already been received as well as expenses or receipts from the accident. It’s also a good idea to have pay stubs on hand to show how much revenue was lost due to recouping from the accident or what may be lost if you cannot get back to work in the same capacity. The lawyer can help gather proof as well as let you know if anything else is needed during the consultation, but this information, if it’s available, will give them a good start on the case.
What Evidence is Needed for My Case?
This is dependent on how contested the case is and how challenging it may be to prove responsibility. Each case is different and the proof available can differ. A lawyer can help gather as much evidence as possible and decide what else may be needed if it isn’t readily available yet.
When Can I Obtain the Settlement?
Due to the difficulty of commercial vehicle crashes, it can take a while to agree on a settlement with the accountable party. Then, the liable party does have some time to pay out the full amount. If the case goes to trial, it’s going to take longer to get a settlement. A legal representative can provide some insight into how long it may take to receive money and what could cause a delay.
Will The Case Go to Trial?
The majority of cases do not ever make it to trial. It is lengthy and expensive to go to trial, so it is something that should be avoided if you can. In the vast majority of cases, a settlement is agreed on before the suit reaches the courts. If an agreement cannot be made, a commercial vehicle accident case can go to court. Even then, it’s still possible to accept a settlement. If the trial continues, the judge will decide how much compensation the victim can receive.
If you’ve been in a commercial vehicle accident, take the time to talk to a law firm about your case and learn more about whether you can obtain settlement for your injuries. Call us today to set up a appointment and get more specific facts about your situation and what you can expect to see moving forward.
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